Staff NotesStaff Notes
August 24, 2022
Administrative Items:
Approval of Meeting Minutes July 20, 2022 and
July 27, 2022
Request to be Tabled to a Later Date:
AV 38-2022 Brett &Pamela West
AV 35-2022 Rebecca Gearwar
AV 39-2022 Gianni Simone
Tabled Items:
AV 25-2022 Gazetos/Francis
New Business:
AV 36-2022 Jeffrey Randles
AV 41-2022 James S. Brown
AV 43 -2022 Dark Bay Lane LLC
Queensbury Zoning Board of Appeals Agenda
Meeting: August 24, 2022 Time: 7:00- 11:00 pm
Queensbury Activities Center — 742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Administrative Items: Approval of Meeting Minutes for July 20, 2022 and July 27, 2022
TABLED ITEMS:
** THE FOLLOWING 3 APPLICATIONS WILL BE REQUESTING TO BE TABLED TO A LATER DATE:
Applicant(s)
Brett & Pamela West
Area Variance No.
AV 38-2022
Owners
Brett & Pamela West
SEQRA Type
Type II
Agent(s)
Environmental Design Partners Gavin Vuillaume
Lot Size
0.96 ac
Location & Ward
106 Bay Parkway Ward 1
Zoning
WR
Tax Id No
226.15-1-17
Section
179-3-040; Chapter 94;
Chapter 147
Cross Ref
FWW 10-2022; AV 38-2022; AV 57-2021; SP 5 1 -
Warren County Planning
July 2022
2021; PZ 210-2016; PZ 95-2016; PZ 89-2016; SP
37-2009; AV 47-2007; SP 39-2007
Public Hearing
July 20, 2022; August 24, 2022
Adirondack Park Agency
ALD
Proiect Description: Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. ft.
footprint with a garage. Also included is installation of permeable pavers for patio and driveway areas and a covered walkway between
the two properties. The new floor area will be 8,670 sq. ft. where the maximum allowed is 8,687 sq. ft. The project includes site work
for new landscaping shoreline and residential house, septic, and stormwater management. Lot line adjustment but no change to lot size.
Area variance granted 3/23/2022 for setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan to include
Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback.
Applicant(s)
Rebecca Gearwar
Area Variance No
AV 35-2022
Owner(s)
Rebecca Gearwar
SEQRA Type
Type II
Agent(s)
n/a
Lot Size
0.39 acres
Location & Ward
10 Applehouse Lane Ward 3
Zoning
MDR
Tax Id No
301.9-1-14
Section
179-5-020
Cross Ref
n/a
Warren County Planning
July 2022
Public Hearing
Jul 27, 2022; August 24, 2022
Adirondack Park Agency
n/a
Proiect Description: (Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the
northwest side of the property. Fence to be a privacy fence. The existing home of 1,867 sq. ft. which includes garage and porch will
remain with no changes. Relief requested for height of fence type.
Applicant(s)
Gianni Simone
Area Variance No.
AV 39-2022
Owners
Gianni Simone
SEQRA Type
Type II
Agent(s)
Daniel W. Ryan P.E.
Lot Size
1.16 acres
Location & Ward
20 A res Circle Ward 4
Zoning
MDR
Tax Id No
315.10-1-59
Section
179-5-020
Cross Ref
SUB 12-2018
Warren County Planning
July 2022
Public Hearing
July 27, 2022; August 24, 2022
Adirondack Park Agency
n/a
Proiect Description: (Revised — additional garage details) Applicant proposes to construct a 930 sq. ft. detached garage on a site
that has an existing home with a garage. The house footprint is 2,182 sq, ft, with the attached garage footprint of 600 sq. ft. No changes
to the existing home. Relief requested for second garage.
Queensbury Zoning Board of Appeals Agenda
Meeting: August 24, 2022 Time: 7:00- 11:00 pm
Queensbury Activities Center — 742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
TABLED ITEMS:
Applicant(s)
Morgan Gazetos
Area Variance No
AV 25-2022
Owner(s)
Greg Francis
SEQRA Type
Type II
Agent(s)
Morgan Gazetos
Lot Size
0.92 acres
Location & Ward
2930 State Route 9L Ward 1
Zoning
WR
Tax Id No
239.20-1-19
Section
179-3-040; 179-13-010
Cross Ref
SP 35-2022; AV 85-2014; SP 72-2014
Warren County Planning
June 2022
Public Hearing
June 22, 2022; August 24, 2022
Adirondack Park Agency
ALD
Proiect Description: (Revised) Applicant requests approval for construction of deck addition not constructed as approved. In
addition, the applicant has completed additional work without approval including deck area near shoreline, shoreline pathway decking,
and a reconstructed shed/changing accessory structure near the shore. Existing home footprint 1,306 sq. ft. remains the same. The
decking area existing is 1,508 sq. ft. previously approved 1,116 sq. ft. The site work with additional wooden walkway etc. is 2,384 sq.
ft.; proposed is 2,074 sq. ft. Updated plans show overlay of existing and previously approved. Site plan review for hard surfacing.
Relief requested for setbacks of upper and lower decks, shed, and wooden walkway.
NEW BUSINESS:
Applicant(s)
Jeffrey Randles
Area Variance No
AV 36-2022
Owner(s)
Jeffrey Randles
SEQRA Type
Type II
Age ts
Environmental Design Partnership
Lot Size
0.83 acres
Location & Ward
42 Old Assembly Point Rd. Ward 1
Zoning
WR
Tax Id No
239.12-2-11
Section
179-3-040
Cross Ref
SP 51-2022
Warren County Planning
August 2022
Public Hearing
August 24, 2022
Adirondack Park Agency
ALD
Proiect Description: Applicant proposes alterations to an existing single family home with a second story addition and an attached
garage. The additions include additional basement area. The main floor would alter the north and south side with a new dining area
and a new garage and bedroom areas. The second floor would include additional living space and storage. The new floor area would be
6,968 sq. ft. and the new footprint of the home with the additions would be 3,348 sq. ft. Project also includes stormwater management
and shoreline plantings. Site plan for new floor area and alteration to the existing home. Relief is requested for setbacks.
Applicant(s)
James S. Brown
Area Variance No
AV 41-2022
Owner(s)
James S. Brown
SEQRA Type
Type II
Agent(s)
Jarrett Engineers, PLLC
Lot Size
15.75 acres
Location & Ward
1918 Ridge Road Ward 1
Zoning
LC-l0A
Tax Id No
253.-1-23
Section
179-3-040; 179-4-050
Cross Ref
SP 54-2022; PZ-DISC 6-2021; SP 32-2018
Warren County Planning
August 2022
Public Hearing
August 24, 2022
Adirondack Park Agency
ALD
Project Description: Applicant proposes to construct a new single family home of 1,936 sq. ft. footprint. The access drive to the new
home from an existing private road "Shop Road" through an adjoining property to the home. The remaining driveway located on the
applicant's property using some portions of previous logging roads. Site plan for construction of new home within the LC-l0A zone
within the APA and new structure within 50 ft. of 15% slopes. Relief is requested for access to public right-of-way.
Queensbury Zoning Board of Appeals Agenda
Meeting: August 24, 2022 Time: 7:00- 11:00 pm
Queensbury Activities Center — 742 Bay Road
Agenda subject to change and may be found at: www.queensbury.net
Applicant(s)
Dark Bay Lane, LLC
Area Variance No
AV 43-2022
Owner(s)
Dark Bay Lane, LLC
SEQRA Type
Type II
Agent(s)
Environmental Design Partnership
Lot Size
0.43 acres
Location & Ward
40 Dark Bay Lane Ward 1
Zoning
WR
Tax Id No
239.18-1-37
Section
179-3-040; 147
Cross Ref
SP 58-2022; AV 56-2021; SP 48-2021
Warren County Planning
August 2022
Public Hearing
August 24, 2022
Adirondack Park Agency
ALD
Protect Description: Applicant proposes to demolish an existing 2,000 sq. ft. home to construct a new home with a house footprint of
2,658 sq. ft. The new floor area is to be 4,378 sq. ft. The project includes a new septic system, update to parking and shared access
arrangement, shoreline planting areas, and stormwater management. Site plan for new floor area in a CEA and hard -surfacing within
50 ft. of the shoreline. Relief is requested for setbacks, floor area, and penneability.
Any further business that the Chairman determines may be properly brought before the Zoning Board of Appeals
L:\Karen Dwyre - Zoning Office\ZBA Monthly 2022\August 24, 2022\ZBA Final Agenda August 24, 2022 (REVISED).docx
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 38-2022
Project Applicant: Brett & Pamela West
Project Location: 106 Bay Parkway
Parcel History: FWW 10-2022; AV 38-2022; AV 57-2021; SP 51-2021; PZ 210-2016; PZ 95-2016; PZ
89-2016; SP 37-2009; AV 47-2007; SP 39-2007
SEQR Type: Type II
Meeting Date: August 24, 2022
Description of Proposed Project:
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to September 21s'
Applicant proposes to demo existing home plus shed and construct a new 2 story home with a 5,436 sq. ft.
footprint with a garage. Also included is installation of permeable pavers for patio and driveway areas and a
covered walkway between the two properties. The new floor area will be 8,670 sq. ft. where the maximum
allowed is 8,687 sq. ft. The project includes site work for new landscaping shoreline and residential house,
septic, and stormwater management. Lot line adjustment but no change to lot size. Area variance granted
3/23/2022 for setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan to include
Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for wetland setback.
Relief Required:
The applicant requests relief for construction of a new home needing relief for setbacks to wetlands. Project is
in the Waterfront Residential zone —WR. Parcel is 0.91 acres.
Section 179-3-040 dimensional Chapter 94 Wetlands
The new home garage is to be located 10 ft from the wetland boundary where a 50 ft setback is required. The
depression area is proposed to be 5.5 ft from the wetland where a 100 ft setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to
nearby properties will be created by the granting of this area variance. Minor impacts to the neighborhood may
be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to
pursue, other than an area variance. The feasible alternatives may be to reduce the size of the home.
3. Whether the requested area variance is substantial. The relief requested may be substantial relevant to the code.
Where 40 ft of relief is required for the building and 94.5 ft relief to the depression area.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental
conditions in the neighborhood or district. The project as proposed may be considered to have minimal impact on
the environmental conditions of the site or area. The applicant has included new stormwater measures that did not
exist prior and proposes a new septic system.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes to demolish an existing building to construct a new home. The plans show the location
of the wetland area and the planting plan for the site.
XL
Zoning Board of Appeals — Record of Resolution
a
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
7bwn of CLeensbiny
Area Variance Resolution To: TABLE
Applicant Name: Brett & Pamela West
File Number: AV 38-2022
Location: 106 Bay Parkway
Tax Map Number: 226.15-1-17
ZBA Meeting Date: July 20, 2022; August 24, 2022
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to
September 211) The Zoning Board of Appeals of the Town of Queensbury has received an
application from Brett & Pamela West. Applicant proposes to demo existing home plus shed and
construct a new 2 story home with a 5,436 sq. ft. footprint with a garage. Also included is
installation of permeable pavers for patio and driveway areas and a covered walkway between the
two properties. The new floor area will be 8,670 sq. ft. where the maximum allowed is 8,687 sq.
ft. The project includes site work for new landscaping shoreline and residential house, septic, and
stormwater management. Lot line adjustment but no change to lot size. Area variance granted
3/23/2022 for setbacks, number of garages, and stormwater device setbacks. Revision to Site Plan
to include Freshwater wetlands work within 100 ft. of a designated wetland. Relief requested for
wetland setback.
MOTION TO TABLE AREA VARIANCE NO. 38-2022 BRETT & PAMELA WEST
(MAIN HOUSE), Introduced by who moved for its adoption, seconded
by
Tabled to the September 21St, 2022 Queensbury Zoning Board of Appeals meeting.
Duly adopted this 24t" day of August 2022, by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 35-2022
Project Applicant:
Project Location:
Parcel History:
SEQR Type:
Meeting Date:
Rebecca Gearwar
10 Applehouse Lane
n/a
Type II
August 24, 2022
Description of Proposed Project:
Applicant requests to be tabled to the September meeting for a Full board. ('Tabled to September 21St)
(Revised — additional fence site details) Applicant proposes to install an eight -foot -high fence on the
northwest side of the property. Fence to be a privacy fence. The existing home of 1,867 sq. ft. which includes
garage and porch will remain with no changes. Relief requested for height of fence type.
Relief Required:
The applicant requests relief for height of fence type. The lot is 16,988 sq ft and located in the MDR zone.
179-5-070 Fence
The fence to be installed is 68 ft in length and to be placed on the west property line; it will be 8 ft in height and
a 24 ft south section connected to the house also at 8 ft in height as a privacy fence.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be available to reduce the
height. The applicant has explained the property to be fenced is lower than the adjoining property.
3. Whether the requested area variance is substantial. The relief requested may be considered minor
relevant to the code. The relief requested is for height and is 2 feet.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered to be self-created.
Staff comments:
The applicant proposes to install a fence on the west property line that exceeds the height of fence allowed. The
information submitted shows the location of the fence and type of fence to be installed. The applicant has
indicated it is needed for privacy and security. The applicant has included photos and has a video of the site
indicating the slope difference between the two properties- as part of the update for the application.
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-
,,, 823 8
Tosm of Queensbi
Area Variance Resolution To: TABLE
Applicant Name: Rebecca Gearwar
File Number: AV 35-2022
Location: 10 Applehouse Lane
Tax Map Number: 301.9-1-14
ZBA Meeting Date: July 27, 2022; August 24, 2022
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to
September 21s) (Revised — additional fence site details) The Zoning Board of Appeals of the
Town of Queensbury has received an application from Rebecca Gearwar. Applicant proposes to
install an eight -foot -high fence on the northwest side of the property. Fence to be a privacy fence.
The existing home of 1,867 sq. ft. which includes garage and porch will remain with no changes.
Relief requested for height of fence type.
MOTION TO TABLE AREA VARIANCE NO. 35-2022 REBECCA GEARWAR,
Introduced by who moved for its adoption, seconded by
Tabled to the September 2111, 2022 Zoning Board of Appeals meeting.
Duly adopted this 241h day of August, 2022, by the following vote:
AYES:
NOES:
W.Mlam
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 39-2022
Project Applicant:
Gianni Simone
Project Location:
20 Apres Circle
Parcel History:
SUB 12-2018
SEQR Type:
Type II
Meeting Date:
August 24, 2022
Description of Proposed Project:
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to September 215)
(Revised — additional garage details) Applicant proposes to construct a 702 sq. ft. detached garage on a site
that has an existing home with a garage. The house footprint is 2,182 sq. ft. with the attached garage footprint of
600 sq. ft. No changes to the existing home. Relief requested for second garage.
Relief Required:
The applicant requests relief for second garage. The parcel is in the MDR zone in an approved subdivision of
SR -IA. The lot is 1.16 ac.
Section 179-5-020 garage
The new garage is to be 702 sq. ft. with space for two cars and an attic storage area above with a height of 27 ft.
4 inches. The site has an existing attached garage of approximately 600 sq. ft. where only one garage is the
maximum allowed.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the location
of the existing garage.
3. Whether the requested area variance is substantial. The relief requested may be considered substantial
relevant to the code as only one garage is allowed.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project will have minimal to no adverse
effects or impact on the physical or environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes construction of a second garage on a parcel with an existing home and attached garage.
The plans show the location of the garage and photos of the area on the property. In addition, the applicant has
provided elevation and floor plans of the garage and is designed to match the existing home.
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-
,,, 823 8
7bun of QuuecnsbinY
Area Variance Resolution To: TABLE
Applicant Name: Gianni Simone
File Number: AV 39-2022
Location: 20 Apres Circle
Tax Map Number: 315.10-1-59
ZBA Meeting Date: July 27, 2022; August 24, 2022
Applicant requests to be tabled to the September meeting for a Full board. (Tabled to
September 2151) (Revised — additional garage details) The Zoning Board of Appeals of the Town
of Queensbury has received an application from Gianni Simone. Applicant proposes to construct
a 702 sq. ft. detached garage on a site that has an existing home with a garage. The house footprint
is 2,182 sq. ft. with the attached garage footprint of 600 sq. ft. No changes to the existing home.
Relief requested for second garage.
MOTION TO TABLE AREA VARIANCE NO. 39-2022 GIANNI SIMONE, Introduced by
who moved for its adoption, seconded by
Tabled to the September 2111, 2022 Zoning Board of Appeals meeting.
Duly adopted this 24t' day of August, 2022, by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.:
25-2022
Project Applicant:
Morgan Gazetos
Project Location:
2930 State Route 9L
Parcel History:
SP 35-2022; AV 85-2014; SP 72-2014
SEQR Type:
Type II
Meeting Date:
August 17, 2022, moved to August 24, 2022
Description of Proposed Project:
(Revised) Applicant requests approval for construction of deck addition not constructed as approved. In
addition, the applicant has completed additional work without approval including deck area near shoreline,
shoreline pathway decking, and a reconstructed shed/changing accessory structure near the shore. Existing
home footprint 1,306 sq. ft. remains the same. The decking area existing is 1,508 sq. ft. previously approved
1,116 sq. ft. The site work with additional wooden walkway etc. is 2,384 sq. ft.; proposed is 2,074 sq. ft.
Updated plans show overlay of existing and previously approved. Site plan review for hard surfacing. Relief
requested for setbacks of upper and lower decks, shed, and wooden walkway.
Relief Required:
The applicant requests relief for setbacks of upper and lower decks, shed, and wooden walkway.
Section 179-3-040 dimensions Section 179-4-080 decks
1. Upper Deck — The as -built for the upper deck addition indicates is 24 ft. from the shoreline where the 2014
approval was for 24.4 ft. from the shoreline. Relief needed 25.6 ft. for shoreline. Relief is also required for
the side setback where 14.3 ft. furthest extent, is proposed and 25 ft. is required. The deck addition at the
house 11.2 ft. to the side setback where 25 ft. is required.
2. Lower Deck -The as -built survey shows the Deck addition to the house the closest point is 22 ft. where the
2014 approval was for this portion of the deck to be 22 ft. (built as approved)
3. Shoreline Deck — The as built indicates 0 ft. from the shoreline for the landing connection to the dock and 6
ft. from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft. from
the shoreline. Relief needed for the landing of 50 ft. and the shoreline dock of 46 ft.
4. Shoreline Shed — As built indicates the shed of 46 sq. ft. is 2 ft. from the property line. The 2014 approval
indicates an unlabeled square near the shoreline. Relief needed for 48 ft.
5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft. and 5 ft. to the shoreline
where 50 ft. is required. Relief needed of 45 ft. Note the 2014 approval does not identify a wooden
walkway.
Not subject to variance but additional hard surfacing review under site plan —permeability is greater than 75%
even with the deck additions -
6. Upper and lower deck size 73 sq. ft. of additional decking — approved was 828 sq. ft. existing is 901 sq. ft.
7. Shoreline deck size 121 sq. ft. of additional decking- approved was 288 sq. ft. and existing is 409 sq. ft.
8. The decking is 194 sq. ft. in excess of what is approved- specific to the deck elements at the house and
shoreline.
9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2,384 sq. ft. and
proposed 2074 sq. ft. The applicant has proposed to remove 310 sq. ft. of deck area; this includes 64 sq. ft.
of boathouse rear deck, 48 sq. ft. of the shoreline deck at the dock, and 198 sq. ft. of the wooden path.
(noting the boathouse decking and the wooden walking path were not in the 2014 calcs)
10. The proposed 310 sq ft removal from the existing unapproved 392 sq ft leaves 82 sq ft over built
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be limited due to the existing
house location in close proximity to the shoreline and the steep topography of the site.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. The Upper Deck relief -25.6 ft to the shore, -10.7 ft & 13.8 ft to the side. The lower
Deck was constructed and is 22 ft setback as approved in 2014. Shoreline Deck relief is 44 ft from the
shoreline, landing relief is 50 ft. Shoreline Shed relief is 48 ft. Wooden walkway 45 ft relief. The applicant
has already proposed to remove 310 sq ft of decking area from the site.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal to no impact on the physical or the environmental conditions of the area.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The applicant has provided plans that show the existing conditions on the site with the decking location to the
shoreline. The applicant is aware the work was done without approvals and would like to rectify the situation as
some of the work was done due to the topography constraints and other work was done to accommodate elderly
parents on the site.
The applicant has had the surveyor overlay the approved decking on the existing deck where the primary issues
are for the work at the shoreline. The applicant proposes to maintain the 46 sq ft shed in the current
configuration, remove the shoreline deck pathway and replace with mulch, stone landscape areas with native
plantings. Also to be removed is a portion of the lower deck to dock area, and a portion of the boathouse deck
area.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
7bwn of (tyceusbuw
Area Variance Resolution To: Approve / Disapprove
Applicant Name: Morgan Gazetos
File Number: AV 25-2022
Location: 2930 State Route 9L
Tax Map Number: 239.20-1-19
ZBA Meeting Date: June 22, 2022; August 24, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Morgan Gazetos.
(Revised) Applicant requests approval for construction of deck addition not constructed as approved. In
addition, the applicant has completed additional work without approval including deck area near shoreline,
shoreline pathway decking, and a reconstructed shed/changing accessory structure near the shore. Existing
home footprint 1,306 sq. ft. remains the same. The decking area existing is 1,508 sq. ft. previously approved
1,116 sq. ft. The site work with additional wooden walkway etc. is 2,384 sq. ft.; proposed is 2,074 sq. ft.
Updated plans show overlay of existing and previously approved. Site plan review for hard surfacing. Relief
requested for setbacks of upper and lower decks, shed, and wooden walkway.
Relief Required:
The applicant requests relief for setbacks of upper and lower decks, shed, and wooden walkway.
Section 179-3-040 dimensions, Section 179-4-080 decks
1. Upper Deck — The as -built for the upper deck addition indicates is 24 ft. from the shoreline where the 2014
approval was for 24.4 ft. from the shoreline. Relief needed 25.6 ft. for shoreline. Relief is also required for
the side setback where 14.3 ft. furthest extent, is proposed and 25 ft. is required. The deck addition at the
house 11.2 ft. to the side setback where 25 ft. is required.
2. Lower Deck -The as -built survey shows the Deck addition to the house the closest point is 22 ft. where the
2014 approval was for this portion of the deck to be 22 ft. (built as approved)
3. Shoreline Deck — The as built indicates 0 ft. from the shoreline for the landing connection to the dock and 6
ft. from the shoreline dock to the shoreline. The 2014 approval was for the shoreline deck to be 12 ft. from
the shoreline. Relief needed for the landing of 50 ft. and the shoreline dock of 46 ft.
4. Shoreline Shed — As built indicates the shed of 46 sq. ft. is 2 ft. from the property line. The 2014 approval
indicates an unlabeled square near the shoreline. Relief needed for 48 ft.
5. Wooden walkway path from shoreline deck to covered boathouse; length 198 ft. and 5 ft. to the shoreline
where 50 ft. is required. Relief needed of 45 ft. Note the 2014 approval does not identify a wooden
walkway.
Not subject to variance but additional hard surfacing review under site plan —permeability is greater than 75%
even with the deck additions -
6. Upper and lower deck size 73 sq. ft. of additional decking — approved was 828 sq. ft. existing is 901 sq. ft.
7. Shoreline deck size 121 sq. ft. of additional decking- approved was 288 sq. ft. and existing is 409 sq. ft.
8. The decking is 194 sq. ft. in excess of what is approved- specific to the deck elements at the house and
shoreline.
9. Total existing for decking and includes boathouse deck areas and wooden walk existing 2,384 sq. ft. and
proposed 2074 sq. ft. The applicant has proposed to remove 310 sq. ft. of deck area; this includes 64 sq. ft.
of boathouse rear deck, 48 sq. ft. of the shoreline deck at the dock, and 198 sq. ft. of the wooden path.
(noting the boathouse decking and the wooden walking path were not in the 2014 calcs)
10. The proposed 310 sq ft removal from the existing unapproved 392 sq ft leaves 82 sq ft over built
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, June 22, 2022 & Wednesday, August 24, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3
The requested variance is / is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is / is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS, I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 25-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 24t' Day of August 2022 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 36-2022
Project Applicant: Jeffrey Randles
Project Location: 42 Old Assembly Point Road
Parcel History: SP 51-2022
SEQR Type: Type II
Meeting Date: August 17, 2022, Moved to August 24, 2022
Description of Proposed Project:
Applicant proposes alterations to an existing single family home with removal of the first story down to the
foundation and to reconstruct the first floor with a second story and an attached garage. The project includes
additional basement area. The main floor would alter the north and south side with a new dining area and a new
garage and bedroom areas. The second floor would include additional living space and storage. The new floor
area would be 6,968 sq. ft. and the new footprint of the home with the additions would be 3,348 sq. ft. Project
also includes stormwater management and shoreline plantings. Site plan for new floor area and alteration to the
existing home. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for removal of the first floor, reconstruction of the first floor and
construction of second story, with an attached garage. Parcel is 0.83 acres and in the VWR zone.
Section 179-3-040 dimensional 147 stormwater
The applicant proposes the new home on the existing foundation. The home is to be 8 ft. where 20 ft. is
required to the north side. The home on the west side would be 51 ft. from the shoreline where 56.1 ft. is
required due to the adjoining home setback. The stormwater devices to be installed would be 48 ft. and 88 ft.
where 100 ft. setback is required.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be possible to locate the
home in a compliant location.
3. Whether the requested area variance is substantial. The relief requested may be considered moderate
relevant to the code. Relief for the north side addition is 12 ft, the shoreline side addition is 5.71 ft, and the
stormwater devices 12 ft and 52 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project may be considered to have
minimal impact on the physical or the environmental conditions of the area. The project includes adding
stormwater management to the site. The project has been provided to the Town Designated Engineer for
review and comment.
5. Whether the alleged difficulty was self created. The difficulty may be considered self-created.
Staff comments:
The applicant proposes project work to remove the existing home to the foundation. The project is a new home
to be constructed upon top of the foundation with work for some additional basement area. The plans show the
elevations and floor plans.
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
Town of Queensbury
Area Variance Resolution To: Approve / Disapprove
Applicant Name: Jeffrey Randles
File Number: AV 36-2022
Location: 42 Old Assembly Point Rd.
Tax Map Number: 239.12-2-11
ZBA Meeting Date: August 24, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Jeffrey Randles.
Applicant proposes alterations to an existing single family home with removal of the first story down to the
foundation and to reconstruct the first floor with a second story and an attached garage. The project includes
additional basement area. The main floor would alter the north and south side with a new dining area and a new
garage and bedroom areas. The second floor would include additional living space and storage. The new floor
area would be 6,968 sq. ft. and the new footprint of the home with the additions would be 3,348 sq. ft. Project
also includes stormwater management and shoreline plantings. Site plan for new floor area and alteration to the
existing home. Relief is requested for setbacks.
Relief Required:
The applicant requests relief for setbacks for removal of the first floor, reconstruction of the first floor and
construction of second story, with an attached garage. Parcel is 0.83 acres and in the WR zone.
Section 179-3-040 dimensional 147 stormwater
The applicant proposes the new home on the existing foundation. The home is to be 8 ft. where 20 ft. is
required to the north side. The home on the west side would be 51 ft. from the shoreline where 56.1 ft. is
required due to the adjoining home setback. The stormwater devices to be installed would be 48 ft. and 88 ft.
where 100 ft. setback is required.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, August 24, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is / is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is / is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO. 36-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 24" Day of August 2022 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 41-2022
Project Applicant: James S. Brown
Project Location: 1918 Ridge Road
Parcel History: SP 54-2022; PZ-DISC 6-2021; SP 32-2018
SEAR Type: Type II
Meeting Date: August 17, 2022, moved to August 24, 2022
Description of Proposed Project:
Applicant proposes to construct a new single family home of 1,936 sq. ft. footprint. The access drive to the new
home from an existing private road "Shop Road" through an adjoining property to the home. The remaining
driveway located on the applicant's property using some portions of previous logging roads. Site plan for
construction of new home within the LC- l0A zone within the APA and new structure within 50 ft. of 15%
slopes. Relief is requested for access to public right-of-way.
Relief Required:
The applicant requests relief for access to public right-of-way.
Section 179-4-050 Frontage on public or private streets
The applicant proposes a driveway that will start from Shop Road a private right of way, and be developed on
property 253.-1-22, then access the applicant's lot 253.-1-23.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. The project may be
considered to have little to no impact on the neighboring properties.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. The feasible alternatives may be considered to be
limited due to the topographic on the applicant's property.
3. Whether the requested area variance is substantial. The relief may be considered substantial relevant to
the code. Relief is requested for the side setback less than 3 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. The project as proposed may be considered
to have minimal to no impact on the environmental conditions of the site or area.
5. Whether the alleged difficulty was self-created. The project as proposed may be considered self-created.
Staff comments:
The applicant proposes to construct a driveway for a new home as the driveway will start in a right —of- way
and be constructed over adjoin property to the owners property. The driveway will be constructed on old
logging trails and pathways.
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
7uwn of CLeensbuiy
Area Variance Resolution To: Approve / Disapprove
Applicant Name: James S. Brown
File Number: AV 41-2022
Location: 1918 Ridge Rd.
Tax Map Number: 253.-1-23
ZBA Meeting Date: August 24, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from James S. Brown.
Applicant proposes to construct a new single family home of 1,936 sq. ft. footprint. The access drive to the new
home from an existing private road "Shop Road" through an adjoining property to the home. The remaining
driveway located on the applicant's property using some portions of previous logging roads. Site plan for
construction of new home within the LC- l0A zone within the APA and new structure within 50 ft. of 15%
slopes. Relief is requested for access to public right-of-way.
Relief Required:
The applicant requests relief for access to public right-of-way.
Section 179-4-050 Frontage on public or private streets
The applicant proposes a driveway that will start from Shop Road a private right of way, and be developed on
property 253.4-22, then access the applicant's lot 253.4-23.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, August 24, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
1. There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3
The requested variance is / is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is / is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed b denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO.41-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 24t' Day of August 2022 by the following vote:
AYES:
NOES:
Town of Queensbury Zoning Board of Appeals
Community Development Department Staff Notes
Area Variance No.: 43-2022
Project Applicant: Dark Bay Lane, LLC.
Project Location: 40 Dark Bay Lane
Parcel History: SP 58-2022; AV 56-2021; SP 48-2021
SEQR Type: Type II
Meeting Date: August 17, 2022, moved to August 24, 2022
Description of Proposed Project:
Applicant proposes to demolish an existing 2,000 sq. ft. home to construct a new home with a house footprint of
2,658 sq. ft. The new floor area is to be 4,378 sq. ft. The project includes a new septic system, update to
parking and shared access arrangement, shoreline planting areas, and stormwater management. Site plan for
new floor area in a CEA and hard -surfacing within 50 ft. of the shoreline. Relief is requested for setbacks, floor
area, and permeability.
Relief Required:
The applicant requests relief for setbacks, floor area, stormwater device within 100 ft. of shoreline. The
property is located in the Waterfront Residential zone, WR on a 0.44 ac parcel.
Section 179-3-040, Chapter 147 supplemental minor project
The project is for a tear down new build in the same location as the original project where the applicant found
that the additions to be added the existing home couldn't support. The new deck is to be located 22.8 ft from
the shoreline and the proposed main house is to be 31.3 ft setback where a 75 ft setback is required. North
office/study side is to be 19.4 ft to the side and the South side main house side proposed 16.5 ft setback where a
20 ft setback is required. Floor area is proposed to be 4,378 sq ft or 22.75% where the maximum allowed is
4,233 sq ft or 22%. Permeability — no variance is required but should be noted the existing is 57.5% and the
proposed is 60.1 % where a 75% is required — the project improves site permeability and not subject to a
variance.
Criteria for considering an Area Variance according to Chapter 267 of Town Law:
In making a determination, the board shall consider:
1. Whether an undesirable change will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by the granting of this area variance. Minor to no impacts to the
neighborhood may be anticipated.
2. Whether the benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance. Feasible alternatives may be considered to reduce the
floor area request; the existing home location may limit the alternatives to the improvements to the shore
side of the home.
3. Whether the requested area variance is substantial. The request for relief may be considered moderate
relevant to the code. The relief requested for the deck to the shoreline is 52.2 ft and to the home is 43.7 ft,
floor area is 0.75% in excess, side setback for the screen porch of 0.6 ft and the house improvement side
setback of 3.5 ft.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district. Minor to no impact to the physical or
environmental conditions in the neighborhood may be anticipated. The project includes stormwater
management and additional plantings.
5. Whether the alleged difficulty was self-created. The difficulty may be considered self-created.
Staff comments:
The new home to be constructed is to be in a similar location as the current home. The existing floor area of
2,650 sq ft and the new floor area to be 4,378 sq ft. The height is to be 27.92 ft. The project includes rain
garden, shallow grassed depression and permeable pavers to assist with stormwater management. The materials
have been provided to the Town Designated engineering for review and comment
Zoning Board of Appeals
Community Development Department Staff Notes
Zoning Board of Appeals — Record of Resolution
Town of Queensbury 742 Bay Road Queensbury, NY 12804 (518) 761-8238
7ban of Qucenshury
Area Variance Resolution To: Approve / Disapprove
Applicant Name: Dark Bay Lane, LLC
File Number: AV 43-2022
Location:
Tax Map Number:
ZBA Meeting Date:
40 Dark Bay Lane
239.18-1-37
August 17, 2022
The Zoning Board of Appeals of the Town of Queensbury has received an application from Dark Bay Lane,
LLC. Applicant proposes to demolish an existing 2,000 sq. ft. home to construct a new home with a house
footprint of 2,658 sq. ft. The new floor area is to be 4,378 sq. ft. The project includes a new septic system,
update to parking and shared access arrangement, shoreline planting areas, and stormwater management. Site
plan for new floor area in a CEA and hard -surfacing within 50 ft. of the shoreline. Relief is requested for
setbacks, floor area, and permeability.
Relief Required:
The applicant requests relief for setbacks, floor area, stormwater device within 100 ft. of shoreline. The
property is located in the Waterfront Residential zone, WR on a 0.44 ac parcel.
Section 179-3-040, Chapter 147 supplemental minor project
The project is for a tear down new build in the same location as the original project where the applicant found
that the additions to be added the existing home couldn't support. The new deck is to be located 22.8 ft from
the shoreline and the proposed main house is to be 31.3 ft setback where a 75 ft setback is required. North
office/study side is to be 19.4 ft to the side and the South side main house side proposed 16.5 ft setback where a
20 ft setback is required. Floor area is proposed to be 4,378 sq ft or 22.75% where the maximum allowed is
4,233 sq ft or 22%. Permeability — no variance is required but should be noted the existing is 57.5% and the
proposed is 60.1% where a 75% is required — the project improves site permeability and not subject to a
variance.
SEQR Type II — no further review required;
A public hearing was advertised and held on Wednesday, August 24, 2022.
Upon review of the application materials, information supplied during the public hearing, and upon
consideration of the criteria specified in Section 179-14-080(A) of the Queensbury Town Code and Chapter 267
of NYS Town Law and after discussion and deliberation, we find as follows:
PER THE DRAFT PROVIDED BY STAFF
There is / is not an undesirable change in the character of the neighborhood nor a detriment to nearby
properties because
2. Feasible alternatives are and have been considered by the Board, are reasonable and have been
included to minimize the request OR are not possible.
3. The requested variance is / is not substantial because
4. There is / is not an adverse impact on the physical or environmental conditions in the neighborhood or
district?
5. The alleged difficulty is / is not self-created because
6. In addition, the Board finds that the benefit to the applicant from granting the requested variance would
outweigh (approval) / would be outweighed by denial the resulting detriment to the health, safety and
welfare of the neighborhood or community;
7. The Board also finds that the variance request under consideration is the minimum necessary;
8. The Board also proposes the following conditions:
a)
b) ,
c) Adherence to the items outlined in the follow-up letter sent with this resolution.
BASED ON THE ABOVE FINDINGS I MAKE A MOTION TO APPROVE / DENY AREA VARIANCE
NO.43-2022, Introduced by , who moved for its adoption, seconded by
Duly adopted this 24th Day of August 2022 by the following vote:
AYES
NOES: